http://www.forbes.com/sites/oliverherzfeld/
Oliver Herzfeld - The IP Counsel - ForbesOliver Herzfeld's stories. The IP Counsel:Copyright 2015 Forbes LLChttp://1.gravatar.com/avatar/180042ab63409a304e7f83f0845843d2?s=400&amp;d=http%3A%2F%2F1.gravatar.com%2Favatar%2Fad516503a11cd5ca435acc9bb6523536%3Fs%3D400&amp;r=Ghttp://www.forbes.com/sites/oliverherzfeld/2015/06/17/hbos-ballers-touchdown-or-legal-fumble/
HBO's Ballers: Touchdown Or Legal Fumble?VideoTackling Unlicensed Trademarks In Fictional Works By Oliver Herzfeld and Tal Benschar NBC Sports Pro Football Talk reported that, in an unprecedented move, HBO’s new TV series Ballers will use the names and logos of NFL teams without a license from, or the consent of, the NFL. A spokesperson for HBO stated: [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/5580d2a8e4b01f0c1d93898dWed, 17 Jun 2015 09:56:00 -04002015-06-17T09:56:00-04:00VideoTackling Unlicensed Trademarks In Fictional Works By Oliver Herzfeld and Tal Benschar NBC Sports Pro Football Talk reported that, in an unprecedented move, HBO’s new TV series Ballers will use the names and logos of NFL teams without a license from, or the consent of, the NFL. A spokesperson for HBO stated: [...]http://www.forbes.com/sites/oliverherzfeld/2015/03/30/how-one-direction-and-other-bands-handle-leaving-members/
How One Direction And Other Bands Handle Leaving MembersBy Oliver Herzfeld and Josh Warrum Although it is not unique or even uncommon for music artists to separate from their bands, Zayn Malik’s announcement last week that he left One Direction was startling to many people including, but by no means limited to, a large number of tweenage and teenage [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/5518b88ce4b0521fc564e03bMon, 30 Mar 2015 09:38:00 -04002015-03-30T09:38:00-04:00By Oliver Herzfeld and Josh Warrum Although it is not unique or even uncommon for music artists to separate from their bands, Zayn Malik’s announcement last week that he left One Direction was startling to many people including, but by no means limited to, a large number of tweenage and teenage [...]http://www.forbes.com/sites/oliverherzfeld/2015/03/16/new-yorks-highest-court-opens-pandoras-box/
New York's Highest Court Opens Pandora's BoxVideoNew York's highest appeals court has recently ruled against the family of jazz legend Duke Ellington in its lawsuit against music publisher EMI. In so doing, the court set the stage for contracting parties to take advantage of a remarkable definition interpretation. Background In 1961, a predecessor of EMI and, according to [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/55061faae4b058f5b43331a2Mon, 16 Mar 2015 09:51:00 -04002015-03-16T09:51:00-04:00VideoNew York's highest appeals court has recently ruled against the family of jazz legend Duke Ellington in its lawsuit against music publisher EMI. In so doing, the court set the stage for contracting parties to take advantage of a remarkable definition interpretation. Background In 1961, a predecessor of EMI and, according to [...]http://www.forbes.com/sites/oliverherzfeld/2015/01/05/license-agreement-territory-exclusivity/
License Agreement Territory ExclusivityTrademark license agreements sometimes include a grant of an exclusive territory. The question is, does an exclusive territory provision mean that only the licensor is prohibited from selling licensed products into the licensee’s territory or does the exclusivity also prohibit the licensor’s distributors against selling licensed products into the territory? [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/54a6e420e4b041b666b2d99dMon, 5 Jan 2015 09:36:00 -05002015-01-05T09:36:00-05:00Trademark license agreements sometimes include a grant of an exclusive territory. The question is, does an exclusive territory provision mean that only the licensor is prohibited from selling licensed products into the licensee’s territory or does the exclusivity also prohibit the licensor’s distributors against selling licensed products into the territory? [...]http://www.forbes.com/sites/oliverherzfeld/2014/11/03/american-defamation-hustle/
American Defamation HustleVideoPaul Brodeur, an investigative science writer and author, commenced a lawsuit last week against the producers and distributors of the film American Hustle. Brodeur claims he was defamed by a scene in the film that mentions his name. The case raises a number of interesting legal issues that I will [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/5457a3ebe4b0e125ae82ec62Mon, 3 Nov 2014 11:05:00 -05002014-11-03T11:05:00-05:00VideoPaul Brodeur, an investigative science writer and author, commenced a lawsuit last week against the producers and distributors of the film American Hustle. Brodeur claims he was defamed by a scene in the film that mentions his name. The case raises a number of interesting legal issues that I will [...]http://www.forbes.com/sites/oliverherzfeld/2014/09/22/new-uses-under-old-license-agreements-2/
New Uses Under Old License AgreementsA common problem in interpreting long-term license agreements is considering whether the language granting the license encompasses later-developed technologies and other new uses that did not exist at the time of initial contract formation. For example, does a grant of exclusive publication rights in book form over 40 years ago [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/54205980e4b03b61661ea91dMon, 22 Sep 2014 15:04:00 -04002014-09-22T15:04:00-04:00A common problem in interpreting long-term license agreements is considering whether the language granting the license encompasses later-developed technologies and other new uses that did not exist at the time of initial contract formation. For example, does a grant of exclusive publication rights in book form over 40 years ago [...]http://www.forbes.com/sites/oliverherzfeld/2014/07/23/kaskade-and-michelle-phan-burn-the-copyright-law/
Kaskade And Michelle Phan: Burn The Copyright Law!Ultra Record's lawsuit against Youtube beauty guru Michelle Phan for using unlicensed music in her videos raises interesting legal questions.Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/53cff2d9e4b008749a5789d1Wed, 23 Jul 2014 15:38:00 -04002014-07-23T15:38:00-04:00Ultra Record's lawsuit against Youtube beauty guru Michelle Phan for using unlicensed music in her videos raises interesting legal questions.http://www.forbes.com/sites/oliverherzfeld/2014/05/21/spirit-v-led-zeppelin-analysis-of-the-stairway-to-heaven-infringement-lawsuit/
Spirit v. Led Zeppelin: Analysis Of The "Stairway To Heaven" Infringement LawsuitVideoA lawsuit was just commenced by the band Spirit against Led Zeppelin claiming the iconic guitar arpeggio opening of “Stairway to Heaven” infringes Spirit’s 1968 instrumental track “Taurus.” The case presents a number of complex copyright law issues that I will try to clarify. Statute of Limitations Led Zeppelin first released “Stairway [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/537cdd74e4b0835729200a17Wed, 21 May 2014 13:50:00 -04002014-05-21T13:50:00-04:00VideoA lawsuit was just commenced by the band Spirit against Led Zeppelin claiming the iconic guitar arpeggio opening of “Stairway to Heaven” infringes Spirit’s 1968 instrumental track “Taurus.” The case presents a number of complex copyright law issues that I will try to clarify. Statute of Limitations Led Zeppelin first released “Stairway [...]http://www.forbes.com/sites/oliverherzfeld/2014/04/23/when-a-breach-is-a-benefit/
When A Breach Is A Benefit Most people know that when one party breaches a contract the other party may sue for its provable damages. But what if the non-breaching party does not suffer any losses? If a breach actually provides a benefit to the other party, would the benefit preclude the recovery of monetary damages? [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/5354524ce4b0677d2d9a837bWed, 23 Apr 2014 09:51:00 -04002014-04-23T09:51:00-04:00 Most people know that when one party breaches a contract the other party may sue for its provable damages. But what if the non-breaching party does not suffer any losses? If a breach actually provides a benefit to the other party, would the benefit preclude the recovery of monetary damages? [...]http://www.forbes.com/sites/oliverherzfeld/2014/03/07/protecting-food-creations/
Protecting Food CreationsThe New York Times, the BBC and the Guardian have all reported on chefs who either discourage, regulate or outright prohibit customers from taking pictures of the food they order. The chefs’ grievances range from a breach of etiquette and disruption to ambiance caused by customers climbing on chairs and [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/5319e774e4b0971730664fe2Fri, 7 Mar 2014 11:41:00 -05002014-03-07T11:41:00-05:00The New York Times, the BBC and the Guardian have all reported on chefs who either discourage, regulate or outright prohibit customers from taking pictures of the food they order. The chefs’ grievances range from a breach of etiquette and disruption to ambiance caused by customers climbing on chairs and [...]http://www.forbes.com/sites/oliverherzfeld/2014/02/12/is-the-philip-seymour-hoffman-gay-lover-lawsuit-ethical/
Is The Philip Seymour Hoffman Gay Lover Lawsuit Ethical?Is It Disreputable To Be Gay? In its February 17, 2014 edition, the National Enquirer’s front page story claimed playwright David Bar Katz was Hoffman's gay lover, that he had seen Hoffman freebase cocaine the night before Hoffman's death, and that he had seen Hoffman use heroin on a number of [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/52fbd779e4b0ba3c471ad7e4Wed, 12 Feb 2014 15:44:00 -05002014-02-12T15:44:00-05:00Is It Disreputable To Be Gay? In its February 17, 2014 edition, the National Enquirer’s front page story claimed playwright David Bar Katz was Hoffman's gay lover, that he had seen Hoffman freebase cocaine the night before Hoffman's death, and that he had seen Hoffman use heroin on a number of [...]http://www.forbes.com/sites/oliverherzfeld/2014/01/17/rick-ross-first-amendment-rap/
Rick Ross' First Amendment RapVideoRicky Donnell Ross, known as Ricky Ross and Rick Ross, is a former criminal who in the 1980s organized and ran an enormous cocaine-dealing operation. He amassed a fortune in the hundreds of millions of dollars through his illicit empire and, following his arrest, became a famous personality and the [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/52d8bebae4b07ff08fb35cd1Fri, 17 Jan 2014 11:16:00 -05002014-01-17T11:16:00-05:00VideoRicky Donnell Ross, known as Ricky Ross and Rick Ross, is a former criminal who in the 1980s organized and ran an enormous cocaine-dealing operation. He amassed a fortune in the hundreds of millions of dollars through his illicit empire and, following his arrest, became a famous personality and the [...]http://www.forbes.com/sites/oliverherzfeld/2014/01/02/why-jay-z-and-other-talent-should-seek-morals-clause-mutuality/
Why Jay-Z And Other Talent Should Seek Morals Clause MutualityA morals clause is a contract provision that prohibits, and provides a remedy for, a party’s illegal, immoral or otherwise undesirable conduct. Morals clauses commonly appear in contracts for the professional services of performers, athletes and other famous personalities. Companies insist on morals clauses to protect their reputation and interests [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/52c45888e4b07ff08fb2e8bbThu, 2 Jan 2014 09:24:00 -05002014-01-02T09:24:00-05:00A morals clause is a contract provision that prohibits, and provides a remedy for, a party’s illegal, immoral or otherwise undesirable conduct. Morals clauses commonly appear in contracts for the professional services of performers, athletes and other famous personalities. Companies insist on morals clauses to protect their reputation and interests [...]http://www.forbes.com/sites/oliverherzfeld/2013/12/09/are-your-emails-enforceable-contracts/
Are Your Emails Enforceable Contracts?Many people consider email to be an informal form of communication. As a result, offers, counter-offers and terms of proposed agreements are frequently exchanged via email with the hope and expectation that they are for negotiation purposes only. The question is, could such email messages be deemed to be legal, [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/52a5d789e4b02de6a88e49c0Mon, 9 Dec 2013 10:22:00 -05002013-12-09T10:22:00-05:00Many people consider email to be an informal form of communication. As a result, offers, counter-offers and terms of proposed agreements are frequently exchanged via email with the hope and expectation that they are for negotiation purposes only. The question is, could such email messages be deemed to be legal, [...]http://www.forbes.com/sites/oliverherzfeld/2013/10/24/protecting-banksys-sphinx/
Protecting Banksy's SphinxSource: Banksyny.com On Tuesday October 22, 2013, a sculpture of a sphinx made of foam, cement and cinder-blocks appeared on a sidewalk in Queens, New York surrounded by a wide pool of putrid water. On his website, the mysterious and anonymous artist known as Banksy claimed ownership of the work, "Everything [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/52688be6e4b0c373ef84223eThu, 24 Oct 2013 09:39:00 -04002013-10-24T09:39:00-04:00Source: Banksyny.com On Tuesday October 22, 2013, a sculpture of a sphinx made of foam, cement and cinder-blocks appeared on a sidewalk in Queens, New York surrounded by a wide pool of putrid water. On his website, the mysterious and anonymous artist known as Banksy claimed ownership of the work, "Everything [...]http://www.forbes.com/sites/oliverherzfeld/2013/10/15/todd-oldham-v-old-navy-are-agreements-to-agree-enforceable/
Todd Oldham v. Old Navy: Are Agreements To Agree Enforceable?Contractual counterparties sometimes agree to contract on major terms while leaving other terms open and subject to further negotiation. In a prior Forbes column (available here), I reviewed a case where one party insisted on materially different terms to the previously agreed-upon major terms. But assuming the parties do not [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/525adbb0e4b0e9928b2548d4Tue, 15 Oct 2013 09:22:00 -04002013-10-15T09:22:00-04:00Contractual counterparties sometimes agree to contract on major terms while leaving other terms open and subject to further negotiation. In a prior Forbes column (available here), I reviewed a case where one party insisted on materially different terms to the previously agreed-upon major terms. But assuming the parties do not [...]http://www.forbes.com/sites/oliverherzfeld/2013/08/20/the-blurred-lines-of-copyright-law-robin-thicke-v-marvin-gayes-estate/
The Blurred Lines Of Copyright Law: Robin Thicke v. Marvin Gaye's EstateThe composers of the hit song “Blurred Lines”, Robin Thicke, Pharrell Williams and Clifford Harris, Jr. (a/k/a T.I.), have commenced a lawsuit against Marvin Gaye’s family, as owners of Gaye’s “Got to Give It Up”, and Bridgeport Music, as owner of Funkadelic’s “Sexy Ways”. The complaint is for declaratory relief, [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/5213b2f9e4b0cb2d315133dfTue, 20 Aug 2013 14:42:00 -04002013-08-20T14:42:00-04:00The composers of the hit song “Blurred Lines”, Robin Thicke, Pharrell Williams and Clifford Harris, Jr. (a/k/a T.I.), have commenced a lawsuit against Marvin Gaye’s family, as owners of Gaye’s “Got to Give It Up”, and Bridgeport Music, as owner of Funkadelic’s “Sexy Ways”. The complaint is for declaratory relief, [...]http://www.forbes.com/sites/oliverherzfeld/2013/08/06/are-implied-licenses-enforceable/
Are Implied Licenses Enforceable?Copyright licensors, through their communications and conduct, sometimes permit their licensees to take actions that exceed the scope of the parties’ license agreements. The question is, are such so-called implied licenses binding and legally enforceable against licensors? The recent case of Davis v. Tampa Bay Arena provides a good review [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/51ffc300e4b0eab447c9c1f6Tue, 6 Aug 2013 09:09:00 -04002013-08-06T09:09:00-04:00Copyright licensors, through their communications and conduct, sometimes permit their licensees to take actions that exceed the scope of the parties’ license agreements. The question is, are such so-called implied licenses binding and legally enforceable against licensors? The recent case of Davis v. Tampa Bay Arena provides a good review [...]http://www.forbes.com/sites/oliverherzfeld/2013/07/09/are-agreements-to-negotiate-in-good-faith-enforceable/
Are Agreements To Negotiate In Good Faith Enforceable?Contractual counterparties often negotiate and agree upon the key terms of a commercial transaction in a term sheet, leave other terms for further negotiation in due course, and agree to negotiate such other terms in good faith with the intention of entering into a definitive agreement based upon the initially [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/51db1b29e4b05eac6b26ead3Tue, 9 Jul 2013 09:13:00 -04002013-07-09T09:13:00-04:00Contractual counterparties often negotiate and agree upon the key terms of a commercial transaction in a term sheet, leave other terms for further negotiation in due course, and agree to negotiate such other terms in good faith with the intention of entering into a definitive agreement based upon the initially [...]http://www.forbes.com/sites/oliverherzfeld/2013/06/25/gibson-guitars-v-viacom-are-trademark-licensors-liable-for-their-licensees-infringement/
Gibson Guitars v. Viacom: Are Trademark Licensors Liable For Their Licensees' Infringement?In a prior article (available here), I reviewed the laws of trademark licensor liability for injuries caused by defective licensed products. In a similar vein, the recent case of Gibson Guitar v. Viacom presents an excellent opportunity to review the laws of licensor liability for a licensee’s infringement of a [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/51c8910be4b033a6589b364cTue, 25 Jun 2013 09:18:00 -04002013-06-25T09:18:00-04:00In a prior article (available here), I reviewed the laws of trademark licensor liability for injuries caused by defective licensed products. In a similar vein, the recent case of Gibson Guitar v. Viacom presents an excellent opportunity to review the laws of licensor liability for a licensee’s infringement of a [...]http://www.forbes.com/sites/oliverherzfeld/2013/06/12/protecting-3d-printing-designs-and-objects-part-three/
Protecting 3D Printing Designs And Objects: Part ThreeIn the prior two installments of this three-part series (available here and here), I reviewed protections available for 3D printing designs and objects under U.S. copyright and patent law. I will conclude with a review of such protections under U.S. trademark, trade dress, and trade secret law. Trademarks and Trade Dress The [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/51a7bb9476e436064b0c5685Wed, 12 Jun 2013 08:57:00 -04002013-06-12T08:57:00-04:00In the prior two installments of this three-part series (available here and here), I reviewed protections available for 3D printing designs and objects under U.S. copyright and patent law. I will conclude with a review of such protections under U.S. trademark, trade dress, and trade secret law. Trademarks and Trade Dress The [...]http://www.forbes.com/sites/oliverherzfeld/2013/06/05/protecting-3d-printing-designs-and-objects-part-two/
Protecting 3D Printing Designs And Objects: Part TwoIn the first installment of this three-part series (available here), I commenced a review of protections available for 3D printing designs and objects under U.S. intellectual property law with a focus on copyrights. I will continue with a review of such protections under U.S. utility and design patent law. Patent Law The [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/51a691a876e4de81e8b3d782Wed, 5 Jun 2013 09:08:00 -04002013-06-05T09:08:00-04:00In the first installment of this three-part series (available here), I commenced a review of protections available for 3D printing designs and objects under U.S. intellectual property law with a focus on copyrights. I will continue with a review of such protections under U.S. utility and design patent law. Patent Law The [...]http://www.forbes.com/sites/oliverherzfeld/2013/05/29/protecting-3d-printing-designs-and-objects/
Protecting 3D Printing Designs And ObjectsThe popularity of 3D printing has been increasing dramatically while the prices for such printers have been rapidly decreasing. In addition to toys and gadgets, real-world practical uses include a virtually unlimited number of potential devices and replacement parts for the aerospace, automotive, medical, military and other industries. Not surprisingly, [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/51a588ad76e4de81e8b3bddbWed, 29 May 2013 10:07:00 -04002013-05-29T10:07:00-04:00The popularity of 3D printing has been increasing dramatically while the prices for such printers have been rapidly decreasing. In addition to toys and gadgets, real-world practical uses include a virtually unlimited number of potential devices and replacement parts for the aerospace, automotive, medical, military and other industries. Not surprisingly, [...]http://www.forbes.com/sites/oliverherzfeld/2013/03/19/oakley-v-rory-mcilroy-and-nike-enforcing-rights-of-first-refusal-in-endorsement-agreements/
Oakley v. Rory McIlroy and Nike: Enforcing Rights Of First Refusal In Endorsement AgreementsSport and lifestyle brand Oakley recently commenced a lawsuit against Rory McIlroy and Nike, claiming McIlroy entered into a broad “head to toe” equipment, apparel and footwear endorsement agreement with Nike in breach of the right of first refusal provision in his prior endorsement agreement with Oakley that expired on [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/51476f6576e4ef6075f0fd7aTue, 19 Mar 2013 11:28:00 -04002013-03-19T11:28:00-04:00Sport and lifestyle brand Oakley recently commenced a lawsuit against Rory McIlroy and Nike, claiming McIlroy entered into a broad “head to toe” equipment, apparel and footwear endorsement agreement with Nike in breach of the right of first refusal provision in his prior endorsement agreement with Oakley that expired on [...]http://www.forbes.com/sites/oliverherzfeld/2013/02/28/failure-to-enforce-trademarks-if-you-snooze-do-you-lose/
Failure To Enforce Trademarks: If You Snooze, Do You Lose?In the recent case of Abraham v. Alpha Chi Omega, the Fifth Circuit Court of Appeals issued an opinion regarding a fascinating dispute that involved a failure to enforce trademarks for more than 40 years. Background Thomas Kenneth Abraham is the world’s largest manufacturer of decorative fraternity and sorority paddles. Since founding [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/512e395676e4f6b6d9d46ec6Thu, 28 Feb 2013 11:45:00 -05002013-02-28T11:45:00-05:00In the recent case of Abraham v. Alpha Chi Omega, the Fifth Circuit Court of Appeals issued an opinion regarding a fascinating dispute that involved a failure to enforce trademarks for more than 40 years. Background Thomas Kenneth Abraham is the world’s largest manufacturer of decorative fraternity and sorority paddles. Since founding [...]http://www.forbes.com/sites/oliverherzfeld/2013/01/29/lance-armstrong-will-likely-settle-readers-claims-and-admit-no-wrongdoing/
Lance Armstrong Will Likely Settle Readers' Claims -- And Admit No WrongdoingFollowing cyclist Lance Armstrong’s recent, but less than fully contrite, admission to Oprah Winfrey that for more than a decade he (i) used performance enhancing drugs, and (ii) repeatedly made false public statements denying that he did so, on January 22, 2013, a federal class-action lawsuit was filed in California [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/5107d8b776e4d24cddcde4eeTue, 29 Jan 2013 10:27:00 -05002013-01-29T10:27:00-05:00Following cyclist Lance Armstrong’s recent, but less than fully contrite, admission to Oprah Winfrey that for more than a decade he (i) used performance enhancing drugs, and (ii) repeatedly made false public statements denying that he did so, on January 22, 2013, a federal class-action lawsuit was filed in California [...]http://www.forbes.com/sites/oliverherzfeld/2013/01/22/are-website-terms-of-use-enforceable/
Are Website Terms Of Use Enforceable?Have you ever wondered whether online agreements that are not signed in ink are enforceable? How about website “Terms of Use” that are available solely via a homepage link and are not explicitly agreed to by users? Are such Terms of Use legally enforceable against website visitors? In the recent [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/50e0bb6876e4704e3a022723Tue, 22 Jan 2013 09:11:00 -05002013-01-22T09:11:00-05:00Have you ever wondered whether online agreements that are not signed in ink are enforceable? How about website “Terms of Use” that are available solely via a homepage link and are not explicitly agreed to by users? Are such Terms of Use legally enforceable against website visitors? In the recent [...]http://www.forbes.com/sites/oliverherzfeld/2013/01/03/protecting-fashion-designs/
Protecting Fashion DesignsOn September 20, 2012, the Senate Committee on the Judiciary voted for the Innovative Design Protection Act of 2012 (a.k.a. the “Fashion Bill”) to proceed to the Senate floor without amendment, and on December 20, the bill was placed on the Senate legislative calendar. The Fashion Bill extends copyright protection for [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/50dc9aad76e4704e3a01f454Thu, 3 Jan 2013 09:14:00 -05002013-01-03T09:14:00-05:00On September 20, 2012, the Senate Committee on the Judiciary voted for the Innovative Design Protection Act of 2012 (a.k.a. the “Fashion Bill”) to proceed to the Senate floor without amendment, and on December 20, the bill was placed on the Senate legislative calendar. The Fashion Bill extends copyright protection for [...]http://www.forbes.com/sites/oliverherzfeld/2012/12/04/what-is-the-legal-status-of-virtual-goods/
What Is The Legal Status Of Virtual Goods?Virtual goods are intangible objects in online games and communities. Examples include everything from weapons and potions in multiplayer online role-playing games to seeds and cows in online social farming games. Virtual items have value, and are purchased and sold by game players for real money in the real world. [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/50bba52176e488ddcb27061cTue, 4 Dec 2012 13:09:00 -05002012-12-04T13:09:00-05:00Virtual goods are intangible objects in online games and communities. Examples include everything from weapons and potions in multiplayer online role-playing games to seeds and cows in online social farming games. Virtual items have value, and are purchased and sold by game players for real money in the real world. [...]http://www.forbes.com/sites/oliverherzfeld/2012/11/20/what-is-the-cda-and-how-can-it-help-you-and-your-company-avoid-liability/
What Is The CDA And How Can It Help You And Your Company Avoid Liability? In general, publishers of books, newspapers and magazines are legally liable for the content of the materials they publish, while book stores, newsstands and other distributors of publications are immune from liability for such content. The rationale behind the legal principle is that publishers can research, review and edit the [...]Oliver Herzfeld, ContributorOliver Herzfeld, Contributorhttp://www.forbes.com/sites/oliverherzfeld/50a9998a76e471f16b12db9eTue, 20 Nov 2012 09:53:00 -05002012-11-20T09:53:00-05:00 In general, publishers of books, newspapers and magazines are legally liable for the content of the materials they publish, while book stores, newsstands and other distributors of publications are immune from liability for such content. The rationale behind the legal principle is that publishers can research, review and edit the [...]